Malpractice involves the breach of an attorney's duty of care which causes the client to suffer damage which he otherwise would not have.
We are a full-service firm, offering assistance to meet your needs, be it as a legal advisor or litigator. Our practice is in its 38th year.
Our law practice consists of both an office and trial practice. We have represented clients in the courts of Maine and New Hampshire. We are and have been involved in matters in various state probate courts, superior courts, and district courts, Federal District and Bankruptcy Courts.
We do not handle criminal matters.
Our law practice is multifaceted. We have handled a variety of issues successfully. A sampling of the issues faced and the cases we have taken is provided below. As we respect client confidentiality and do our utmost to protect it, we are not providing the names of the clients involved.
* Expeditiously handled and closed a FAME loan for a client in need of expedited financing.
* Expeditiously handled and organized a corporation for a client in need of expedited organization.
* Reviewed and discussed a book publishing contract for an author and submitted to the publisher requested changes, which were incorporated into the contract.
* Successfully litigated for a Will beneficiary the wrongful interference with her life estate and with other rights in the Estate.
* Successfully defended an action against the owner of the servient tenement by the claimed owner of the dominant tenement for damages claimed as a result of the easement.
* Successfully litigated a collection action for a supplier of construction materials to a contractor/landowner who did not pay for them, and collected all sums due, including attorney’s fees, even though the time for a mechanic’s lien had expired.
* Advised and assisted a client in the sale of an internet business, and drafted all necessary documents, including License of core computer program, Design and Support and Content Development Services Agreement, Promissory Note, Security Agreement, Unlimited Personal Guarantees, Royalty Contract and Pledge and Security Agreement.
* Successfully defended Personal Representative from removal and required distributions in probate litigation involving an estate containing a large number of works of art.
* Successfully resolved through negotiation a dispute with Maine Revenue Service over non-resident income taxation.
* Advised and assisted several clients in creating an irrevocable life insurance trust to shield life insurance proceeds from federal estate taxation.
* Advised and assisted a client in creating an irrevocable trust for a child which qualifies for the annual per donee gift tax exclusion.
* Advised and assisted a client on participation in a limited liability company being formed to operate a new cable channel.
* Advised and assisted a client in creating a limited liability company being formed by the client and a partner to operate a new manufacturing and distribution business.
* Advised and assisted a client in creating a limited liability company being formed by the client and 2 partners to acquire a software company’s interest in a program and customer lists, to acquire rights in a replacement software program, and to operate a software service provider business using the replacement program.
* Advised and assisted several clients in obtaining trademark protection under federal and Maine laws.
* Advised and assisted several clients in obtaining copyright protection under federal and Maine laws.
* Advised and assisted clients in negotiating a personal services contract with a major entertainment company.
* Prepared all necessary documents (Declaration of Roads and Other Easements with Maintenance Conditions, Trail Easement to local YMCA, Trail and Shore and Boat House Easements to Lot Owners, Conservation Easement, Sewer and Water Easement, Boundary Line Adjustment Deeds, formation of Lot Owners’ Corporation, [historical conditions] Preservation Agreement, Quitclaim Deed with COVENANTS, EASEMENTS, CONDITIONS AND RESTRICTIONS, Purchase & Sale Agreement FORM, ) to assist and enable a developer to create an 18 lot subdivision.
* Prepared Advance Health Care Directives (living will plus health care power of attorney), Durable Powers of Attorney, Wills and revocable and irrevocable Trusts to implement and carry out estate plans for several families, some with estates in size of up to tens of millions of dollars, which will minimize the impact of estate taxes and assure the orderly distribution of family assets for the health, education, maintenance and support of children, parents and other family members.
* Prepared estate planning documents utilizing a charitable remainder trust to provide for family members and for favored charities and to minimize the impact of estate taxes.
* Prepared estate planning documents utilizing a charitable lead trust to provide for family members and for favored charities and to minimize the impact of estate taxes.
* Prepared estate planning documents utilizing a combination of a charitable remainder trust and a charitable lead trust to provide for family members and for favored charities and to minimize the impact of estate taxes.
* Successful prosecution of a use variance application before a Zoning Board of Appeals.
* Successful assistance to a client in dealing with a home foreclosure, allowing the homeowners to refinance and save their home.
* Successful defense of a claim against the seller of a business for fraud, tried before a jury.
* Successful defense of a civil claim for assault, resolved at mediation.
* Successful defense of a claim arising between shareholders of a failed corporation, resolved at mediation.
* Successful defense of a spurious claim arising between shareholders of a successful corporation.
* Successful plaintiff prosecution of a claim for interference with a right of way, resolved through negotiations.
* Successful plaintiff prosecution of a divorce involving spousal support and both marital and nonmarital property, tried before a judge.
* Successful plaintiff prosecution of a claim for personal injury, resolved through negotiations.
* Successful plaintiff prosecution of a will contest, resolved through negotiations.
* Successful plaintiff prosecution of a construction dispute, tried before a judge.
* Successful plaintiff prosecution of a landlord-tenant matter, resolved through negotiations.
* Successful probate petition contesting the actions of an attorney Personal Representative, which led to the attorney's disbarment and indictment for his actions.
* Advice and counsel to clients looking to protect their tree farm far into the future, resolved by execution of a tree farm conservation trust prepared to reflect their wishes and concerns.
* Successful defense of a claim to remove a judgment lien from land of bankrupt debtors, resolved at mediation.
We certainly cannot guarantee success in every case. We can guarantee that we will work hard to succeed in every case.
We have a select client base and strive to ensure that our clients are a good fit for our firm. We may handle fewer cases than others, but by so doing, we ensure that our clients receive in-depth, personal attention to their matters. We endeavor to be readily available to our clients and to return their calls promptly. Many of our clients become also our friends. We are concerned about them and their cases on a personal level, more than just a business level. Steve Canders generally accepts new clients only as referrals from other clients and attorneys.
We do not seek out clients who will be concerned that we have done too much. We seek to represent those who hold higher standards, who will be disappointed with someone who does too little.
Clients who are loyal to us are rewarded for their loyalty. We never increase our billing rate with an existing client. No matter how long you remain with us, the rate at which we initially bill you remains the same, as long as timely payment is made of your outstanding balance.
Recognizing that artists do not always have available cash resources, we have made arrangements from time to time to exchange our services for work we appreciate and admire.
We also make an effort to patronize our clients’ places of business. In that way as well, we are able to give back to our clients.
To retain us with respect to a litigation matter, one should expect to pay a retainer of at least $3,000, depending on the complexity of the matter, to be replenished monthly, absent other agreement. That is the most costly retainer, but that is because litigation is costly.
With respect to providing advice as to commercial, corporate, or real estate law, or with respect to business and estate planning, the amount of the retainer matches the extent of services requested and required.
No matter the extent of the retainer, any unused portion of it is returned to the client at the time that services are no longer required of us by the client.
Copyright 2009 Maine Legal Associates, P.A.
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