SCOTT HESS JOINS ELLIOTT & MACLEAN

Scott comes to Elliott and MacLean after being a solo practitioner for almost three years. He is a 2005 graduate of Franklin Pierce College, where he obtained a degree in psychology. Afterward he enrolled at Western New England College School of Law, where he received several academic scholarships. While at Western New England College Scott was on the Dean’s List, was a member of the Products Liability Moot Court Team and participated in an externship in which he clerked for the District Court in Holyoke, Massachusetts. During his third year of law school Scott was a visiting student at the University Of Maine School Of Law in Portland, where he participated on the trial team and the Cumberland Legal Aid Clinic. Scott graduated cum laude from Western New England in 2009.

Although Scott’s solo practice primarily involved litigation, he is excited to be practicing in the areas of Real Estate and Elder Law/Estate Planning at Elliott and MacLean. Scott enjoys the challenge of finding creative approaches to solving problems that fit the individual needs of his clients.

Scott Practices in the areas of

  • Real Estate

  • Elder law/Estate Planning

  • Bankruptcy

  • General Litigation

  • Appellate Law

Scott currently resides in the Gardiner area, but is in the process of moving to the mid-coast with his wife, who is a teacher in the local school district. Scott enjoys all things outdoors, including camping, hiking, winter mountaineering, fishing, hunting, and kayaking.

Posted by kcba

DON BRIGGS NAMED TO SUPER LAWYERS IN MAINE FOR FOURTH CONSECUTIVE YEAR

Minneapolis-based Law & Politics, publishers of Super Lawyers magazines, announced that Maine personal injury attorney Don Briggs has been named to the 2010 edition of New England Super Lawyers. This is the fourth consecutive year Briggs has been named a Super Lawyer from Maine. Each year, only 5 percent of the lawyers in the state receive this honor.

Super Lawyers recognizes outstanding attorneys in more than 70 areas of practice using a rigorous, multiphase selection process that considers 15 separate indicators of peer recognition, professional achievement, and high ethical standards.

“In law school, if you finish in the top 10 percent of your class, you graduate with honors and it’s a big deal,” said Bill White, publisher of Super Lawyers and Law & Politics magazines. “But with Super Lawyers, we select only five percent of the entire profession. These lawyers represent the cream of the crop.”

Briggs has handled thousands of personal injury cases in his career. He specializes in helping Maine victims of car accidents, medical malpractice, and other personal injury negligence cases. He is a board certified Civil Trial Advocate, a Past President of the Maine Trial Lawyers Association and a member of the Million Dollar Advocates Forum. He is the past editor of Maine Verdicts and has been recognized as a Fellow by the National College of Trial Advocacy. He is a member of the AAJ Professional Negligence Section and the AAJ Medical Negligence Information Exchange Group. Briggs is currently president of the Knox County Bar Association.

Posted by kcba

CHARTING IS MAIN ISSUE IN MALPRACTICE DECISION

(Courtesy Jo Lynn Southard / Maine Lawyers Review)

In some ways it was a typical medical malpractice case - although all such cases are "tricky," said plaintiff's attorney Alison Wholey Mynick - but Mynick felt there were two notable points in this case.

"In Maine these cases take so long, because of the pre-screening system," Mynick said.  The plaintiff's family had to carry the claim forward after plaintiff's death; the injury at issue here was not a cause of her death.

Mynick practices with Briggs & Counsel in Rockport.

Sybil Lavway had cardiac surgery in 2003.  The claim arose when Lavway was injured by the IV administration of dopamine.  Dopamine is used to improve a patient's cardiac and renal functioning and is therefore commonly given after cardiac surgery.  However, dopamine is also caustic.

Lavway developed a serious injury in her arm at the site of the IV transmission of dopamine.  Dopamine is normally given through a central line, which is more secure.  If dopamine is given in a peripheral IV line, for example, in the arm, the patient must be kept very still.  Unfortunately, Lavway was not a model patient and, indeed, pulled out IV lines from each arm.

The other issue that Mynick, a registered nurse as well as an attorney, pointed to was a lack of charting on the administration of dopamine.  Lavway had a central line, as well as an IV in each arm.  "She received several meds by IV," Mynick said, "but there was no documentation of which IV tube was used.  If they had only identified in the chart which IV tube was used, we wouldn't have had a trial."

Edward Gould of Gross, Minsky & Mogul represented defendant EMMC.  He said the charting issue was contested by both sides, but said that defendant's expert "said that charting the location of the IV was not at all required under the applicable standard of care."

"As a practical matter," Gould said, "there's only so much a nurse can chart without having less time for patients."  He also noted that at the time Lavway was hospitalized, notes were still handwritten and are now electronic.  He did not know if that meant more detailed information was being charted.

Plaintiff's expert disagreed, however, and Mynick said, "I can't imagine giving a patient an IV and note writing down the site.  If you give an intramuscular injunction, you have to note the location."

Although EMMC maintained that dopamine was not administered in the peripheral IV, the injury to Lavway's arm was treated as a chemical burn, which is consistent with damage from Dopamine.  It is a significant injury; she had to have surgery at a later date, and continued to have problems with her left arm.

Justice Jeffrey Hjelm found that dopamine extravasation was the "better explanation for Lavway's injury."  He awarded $600,000 plus costs to Lavway's estate.

Posted by kcba

RETIREMENT A ‘COMPLICATED ENTERPRISE’ BUT CALDERWOOD IS READY

(Courtesy Lynda Clancy / VillageSoup)

CAMDEN - Longtime Camden attorney Terry Calderwood is closing his books in the law library at Gibbons and Calderwood on Washington Street and heading for Tennessee. With him, he will take decades of experience mitigating municipal wrangling, courtroom drama, and debating before the Maine Supreme Court.

And as keeper of many tales, he will take with him secrets, few of which will ever resurface, unless they wind up ever so veiled in one of his books.

Because Calderwood, who knows this community inside and out, just might have a novel or two up his sleeve. He is due to retire at the end of December, and, of course, has plans, like traveling to Europe and South America.

"And like everybody else, I'm going to write a book," said the lawyer, who at one time entertained the idea of becoming a minister. A Methodist, he even went off to Boston University to study theology. That all changed, however, when he got a taste of law. Then he changed course, after a stint in the U.S. Army and the Vietnam War, to pursue a law degree at Duke University.

That is where he met his wife, Susan Calderwood, who was attending medical school. She was an internist at Maine Medical Center in Portland, and is now an anesthesiologist and professional at Vanderbilt University Medical Center in Nashville, Tenn.

After earning their degrees, the Calderwoods came to Camden 36 years ago, Terry returning to the hometown where he grew up, graduating from Camden High School in 1967. Susan came with him, and together they raised two children: Charles is now earning a Ph.D. in industrial psychology at Georgia Tech and Matthew is studying linguistics at Vanderbilt.

Terry Calderwood, along with Paul Gibbons, worked for attorneys Cliff O'Rourke and Mark Ingraham. They had built the Washington Street law office, and O'Rourke, Camden's town attorney, retired in 1978, followed by Ingraham in 1986. Gibbons and Calderwood purchased the firm, and the two have carried it forward to 2010, acquiring a string of towns as clients.

In 2003, Calderwood retired as Camden's town attorney, but kept on a few smaller towns, such as Lincolnville. That town is now considering from a list of 12 applicants, who will next be its counselor.

Diane Bacon, who now works at the Lincolnville Town Office, previously worked for Calderwood at the law office.

"Terry is wonderful attorney and great person and boss," she said. "I wish him lots of happiness in his retirement.

Lincolnville Town Administrator David Kinney said that Calderwood has served his town with distinction for the past 30 years, and even predates the arrival of longtime town employee Doris Weed.

"His knowledge of the law of Lincolnville has served our town well, and he has been an invaluable resource," said Kinney.

Camden Select Board member John French agreed: "Terry kept us out of trouble and was a great attorney for the town. He was very conservative, and made sure both sides were handled respectfully. We'll miss him."

Calderwood, who has liked municipal law for all these decades, its political intrigues and eventual resolutions, also has appreciated business, real estate and probate law. And he really likes litigation, the trial work that compels the best debaters to step into a highly controlled yet intellectually competitive arena.

"I enjoyed the competition," he said. "It is like a chess match."

He is proud of the number of cases that Gibbons and Calderwood argued in the Maine Law Court -- 45, and 25 of them under Calderwood's direction.

"The Law Court [also known as Maine's Supreme Court] is intriguing because it creates precedent," he said. "It affects the law."

Before the seven justices on that court, the Socratic method becomes the tool for deriving truth.

"You have to think on your feet," said Calderwood.

Now Calderwood is slowly divesting himself of clients and cases, anticipating quieter days.

"Retirement is such a complicated enterprise," he acknowledges, and said there are multiple reasons, some personal, for flipping his closed sign; yet, there are the tangible benefits -- travel, which he has always loved. The Calderwoods have sold their Camden home, but his favorite place in the world is this area, and he will return on occasion to do those things he has always loved, like snowshoeing in the dead of January in the Camden Hills.

"I have always been affected by the natural beauty of Camden," said the native son.

And that novel he harbors is sited in Camden, based on a case he had years ago. He won't talk about it -- to the press, at any rate -- but it is secured in his mind.

In his retirement, Calderwood joins longtime Police Chief Phil Roberts, who is leaving his post at the end of December, and former town planner Jeff Nims, who recently retired from his position at the Camden Town Office. Nims is also writing a book, Calderwood knows.

"We'll see who gets to press first," he laughs, the competitive town attorney versus the methodical town planner.

Their public awaits.

Posted by kcba

GILBERT JOINS ELLIOTT AND MACLEAN

Sarah Irving Gilbert comes to Elliott & MacLean as a Washington County native, having been born and raised in Machias, Maine.  After graduating from Machias High School, Sarah received several scholarships to attend Vassar College in Poughkeepsie, New York, where she pursued a Bachelor of Arts in Political Science.  Throughout her time at Vassar, Sarah cultivated a love of learning and new experiences, achieving coveted internship positions at the International Association of Women Judges (Washington, D.C.), Holland & Knight, LLP (Boston) and the Citizen's Jury Project / Harlem Children's Zone (New York, New York).  While in college, Sarah also studied abroad at the University of St. Andrews, Scotland's first university, founded in 1413.

After Vassar, Sarah relished the chance to return to Maine for law school, attending the University of Maine School of Law on several additional scholarships.  In law school Sarah was appointed by the Dean as the professor's assistant for Constitutional Law, Legal Writing, and Torts, in addition to serving as the Casenote Editor for the Ocean and Coastal Law Journal, and a student-attorney at the Cumberland Legal Aid Clinic.  She graduated from Maine Law magna cum laude and received the school's Pro Bono Publico Award for providing more than 80 hours of pro bono service during law school.  Sarah was then tapped by the Maine Supreme Court to serve as law clerk for the Hon. Donald G. Alexander.

Sarah credits her success in large part to her Downeast work ethic and exposure to the law at an early age: her mother, Rebecca Irving, has practiced law in Machias for over thirty years.  Sarah is admitted to practice law in Maine, both in State and Federal Court, and concentrates her practice on family law, administrative appeals, personal injury, and criminal defense.

She lives in Union, with her husband, Chris, where they both enjoy living on a dirt road and spending time outside.

Posted by kcba

MAINE ASSOCIATION OF MEDIATORS PROGRAM

The Maine Association of Mediators is presenting a special evening with Harvard Law Professor, Robert Mnookin, Chair of Harvard's Program on Negotiation and author of "Bargaining with the Devil: When to Negotiate, When to Fight."  The program is October 4, 2010, at the Abromson Center, USM, 88 Bedford Street, Portland.  The social hour begins at 5:30 PM and the presentation begins at 6:45 PM.  For more information go to the Maine Association of Mediators website at www.mainemediators.org.

Posted by kcba

ATTORNEY RUEF-LINDQUIST NAMED PRESIDENT OF MAINE BAR FOUNDATION

HALLOWELL - Sarah Ruef-Lindquist has been named President of the Board of the Maine Bar Foundation (MBF) for the year 2010.

Founded in 1983, MBF serves Maine's communities and the legal professional through its administration fo the Interest on Lawyer Trust Accounts ("IOLTA") Program and other public-service law related activities.  MBF funds Pine Tree Legal Services, the Volunteer Lawyers Project, Immigrant Legal Advocacy Project, Maine Equal Justice Partners, Legal Services for the Elderly, and Cumberland Legal Aid Clinic and has also provided funding to other non-profit organizations working to increase access to justice for those in poverty in Maine.

The Maine Bar Foundation has provided leadership and administrative support to one of the most successful fundraising initiatives amongst lawyers and the judiciary in the United States: Now in its 6th year, the Campaign for Justice raises more funds from lawyers and the judiciary in Maine for legal services than all but one other state, raising over $400,000 in each of the years 2008 and in 2009 to support access to justice.

Ruef-Lindquist, a member of the Foundation Board since 2003, has serves as Development Chair, Finance Chair, Investment Committee Chair and Treasurer.  She also serves on the board of the Maine Philanthropy Center.  She also serves on the Development Committee of Franklin Pierce Law Center, and has serves on numerous boards of Maine and New Hampshire non-profits.  She is a frequent writer and speaker on the topic of trust, estate and charitable planning, and is Senior Consultant and founder of Planning for Good, providing gift planning support services to non-profits.

The Maine Bar Foundation's offices are located at 40 Water Street, Hallowell.

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ROCKLAND ATTORNEY HEATH ELECTED TO STATE BAR ASSOCIATION BOARD OF GOVERNORS

The Herald Gazette, 11/17/09

ROCKLAND - Attorney Jason R. Heath has been elected to the Maine State Bar Association Board of Governors, with a two-year term to begin Jan. 1, 2010.

The MSBA is a voluntary association with more than 3,100 member lawyers licensed to practice in Maine.  The association serves as an advocate for lawyers, the courts and the public.  The Board of Governors, which sets policy, includes 13 governors representing various districts.  Heath will represent a district comprising Knox and Waldo counties.

"Knox County and Waldo County have phenomenal lawyers," said Heath, who practices in Rockland.  "I am excited to represent my colleagues on the board."

Heath attended Bowdoin College and Roger Williams University Law School.  He opened The Heath Law Firm in 2007.  His practice areas include wills, divorce and business law.

Posted by kcba

LEGAL CAREERS SPAN THE GENERATIONS FOR COLLINS FAMILY

(Courtesy Stephen Betts / Village Soup)

Justin Coffin, right, was sworn into the Maine Bar on Oct. 21 at Knox County Superior Court. He was sponsored by his uncle attorney Edward Collins, left. The young man's grandfather, active retired Maine Supreme Judicial Court Justice Samuel Collins Jr., administered the oath to his grandson and other lawyers joining the bar. (Image courtesy of Diane Field)

ROCKLAND (Oct 28): The tradition of law for the Collins family continued with another generation last week in Knox County Superior Court.

Justin Coffin was sworn into the Maine Bar on October 21 by his grandfather, active retired Maine Supreme Judicial Court Justice Samuel Collins Jr.  Coffin's uncle attorney Edward Collins made the motion to have his nephew admitted to the bar.

Justice Collins is a Caribou native who graduated from the University of Maine and Harvard School of Law.

The elder Collins was appointed as a state Supreme Court judge in 1988 after a 40-year career as a private attorney.  He was state senator for Know County from 1975 through 1984 and served as Senate majority leader.  He became an active retired justice in 1994.

His son Edward Collins also became an attorney and practices in Rockland.

Coffin graduated from Gray-New Gloucester High School and the University of Maine School of Law.  He is currently seeking employment.

Posted by kcba

LOCAL ATTORNEYS DONATE MONEY TO CAMPAIGN FOR JUSTICE PROJECT

The Courier-Gazette, 06/10/08

The Knox County Bar Association received a request from the Campaign for Justice for funding to create a Campaign for Justice informational video. This video would be an easily accessible and low-cost means for the Campaign to communicate its mission - to increase access to legal services for disadvantaged Maine people by raising funds on behalf of six legal aid organizations (Cumberland Legal Aid Clinic, Immigrant Legal Advocacy Project, Legal Services for the Elderly, Maine Equal Justice Partners, Maine Volunteer Lawyers Project and Pine Tree Legal Assistance). The Campaign was created in 2004 to increase access to justice for low income and elderly Maine citizens.

In response to this request, the Knox County Bar Association agreed to donate $400 towards the cost of the project. This donation represents a substantial portion of the total cost for the video. The KCBA plans to post this video on its website later this year. The President of the KCBA, Don Briggs said, "The attorneys of Knox County fully support the critical role of these legal aid organizations; especially in these difficult economic times."

The Campaign helps to fund the work of legal aid providers, which collaborate to insure the availability of a comprehensive, integrated network of legal services for low income and elderly Maine citizens throughout the entire state. Some examples of those the providers serve: A mother and her children face illegal eviction from their home; a victim of domestic violence needs assistance obtaining a court order of protection; a disabled worker has been illegally denied medical benefits; an older couple faces separation after a lifetime together because of government regulations for long-term care.

The 2006 Annual Report has some terrific stories of individuals and families who have attained access to justice thanks to the providers. You can learn more about the Campaign for Justice by visiting www.campaignforjustice.org.

Posted by kcba