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Maine State Bar Association Celebrating 125 Years MAINE BAR JOURNAL the QUARTERLY PUBLICATION of the MAINE STATE BAR ASSOCIATION

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Maine State Bar Association Celebrating 125 Years MAINE BAR JOURNAL the QUARTERLY PUBLICATION of the MAINE STATE BAR ASSOCIATION Maine State Bar Association Celebrating 125 Years MAINE BAR JOURNAL THE QUARTERLY PUBLICATION OF THE MAINE STATE BAR ASSOCIATION Visit www.mainebar.org Volume 32, Number 1, Winter 2017 Successfully handling a serious injury Visit www.mainebar.org or medical malpractice case takes a strong team. We work with attorneys throughout New England on behalf of their injured clients providing the experience and resources needed to win. WHERE GREAT THINGS HAPPEN For us, it’s more than a referral. It’s a collaboration dedicated to the client’s best outcome. That’s just one reason we are the most respected plainti s’ firm in Maine. Your client’s success is our shared goal. Together, let’s win. 800.244.3576 bermansimmons.com PORTLAND LEWISTON BANGOR MAINE BAR JOURNAL THE QUARTERLY PUBLICATION OF THE MAINE STATE BAR ASSOCIATION Visit www.mainebar.org Volume 32, Number 1, Winter 2017 Commentary PRESIDENT’S PAGE | Albert G. Ayre 4 FROM THE EXECUTIVE DIRECTOR | Angela P. Weston 6 Features We’re All Going to Die (And Other Happy Thoughts of an Estate Planner Turning 50) | Eddy R. Smith 13 Remember, It’s Not Your Money! | Mark Bassingthwaighte 18 The State of the Judiciary: Managing in a Time of Change| Chief Justice Leigh I. Saufley 21 PAGE 13 The Importance of Law Day and the 14th Amendment| Linda A. Klein 28 Departments JEST IS FOR ALL | Arnie Glick 8 PERSPECTIVES | Jonathan Mermin 30 NEW LAWYERS SECTION REPORT | Stan Tupper 36 RES IPSA LOQUITUR | Nancy A. Wanderer 37 SUPREME QUOTES | Evan J. Roth 40 CALENDAR 43 ADVERTISER’S INDEX 47 PAGE 40 CLASSIFIED ADVERTISING 47 ON THE COVER: CITATION NOTE: According to Uniform Maine Citations (2010 ed.), [a]rticles in the Maine Bar Journal should be cited as follows: Image: iStock Paul McDonald & Daniel J. Murphy, Recovery of Lost Profits Damages: All is not Lost, 24 Me. Bar J. 152 (2009).” 1891-2016 Celebrating 125 Years THE PRESIDENT’S PAGE: 2017: A Time to Spotlight the MSBA’s Relevance and Effectiveness for Maine Lawyers and Maine People It is with a healthy dose of humility and a renewed dedication that I undertake the somewhat daunting task of serving as your president for 2017. As many of you have let me know, those preceding me in this position have left some mighty large shoes to fill. I am grateful to them, and to you. At our retreat last spring we adopted a new strategic plan. In developing that plan, there was an overwhelming consensus that our immediate and ongoing goal should be one of reemphasizing your Association’s relevance and effectiveness in providing services. In keeping with our mission statement, this means not only service to you in your prac- tice, but also support of “the public interest in a fair and effective system of justice.” My goal this year is to not only spotlight our relevance and effectiveness as a profes- sional association, but also to increase that relevance and effectiveness by reaching out more to you and to the public. Our new website is just one example of this effort. The website includes features designed to enhance your ability to communicate with each other, through forums and blogs, and a more robust calendar of events of interest to all Maine attorneys. In addition, I intend to travel more this year–hopefully to personally visit each District–a continuation of “the traveling road shows” we have organized in the past. As part of our broadening efforts, your Board is currently discussing a draft policy for when the Association may take positions on public issues. This might include taking a position on public policy statements, initiatives or actions at the state or federal level that are antithetical to the Constitution, the rule of law, the validity of judicial institutions, the fair administration of justice, or the mission statement of the Association. In this edition of the Journal, for example, we have published an article by one of our regular columnists, Jon Mermin. The article, “Three Ways of Looking at a President,” generated quite a bit of discussion among members of the Journal’s Editorial Advisory Committee and the Board of Governors. Whether or not I, or anyone else, agree with Jon is not the issue. Jon has previously written numerous fine articles for the Journal. However, the MSBA is a trade association working for all of its members. The Journal is part of that effort, but I do not want it to become a platform for personal agendas or political views, no matter how sincere or deserving of comment and debate. We currently have in place an Editorial Advisory Committee, which reviews articles submitted for publication in the Journal. Generally, the Committee is given a copy of the article and an opportunity to vote on whether the article should be published. That review process does not always generate a unanimous “thumbs up” for publication. As we broaden our outreach, what we publish may become more closely scrutinized. That MAINE BAR JOURNAL | VOLUME 1, WINTER 2017 5 doesn’t mean we can’t have spirited discussions, but a Let- ters to the Editor section may be a better place for such My goal this year is to not only comment, as opposed to the body of the Journal. Indeed, spotlight our relevance and effectiveness if you have a strong opinion about this, I encourage you to write a letter to the editor. While space may not permit as an association, but also to increase that publication of every letter in its entirety, it is my hope that you will share your opinions in a concise and civil format. relevance and effectiveness by reaching We do look forward to hearing from you, and I specif- ically welcome your comments on the above issues as well out more to you and to the public. as any other issue(s) you may have concerning your Associ- ation. Please don’t hesitate to reach out to me or your local Governor. Thank you, and now let’s all get to work. 1891-2016 Celebrating 125 Years Albert G. Ayre Fees start at a cup of coff ee. • Mediation and Arbitration • Case and Practice Consulting • Mentoring • Transition Services • In-house CLEs Meet with Bill, have a cup of coff ee and fi nd out what he can do for you. (207) 808-2164 • [email protected] Bill Robitzek www.mainelawyerservices.com FROM THE EXECUTIVE DIRECTOR: Get To Know Your MSBA Staff! By Angela P. Weston In my recent columns, I have explained the Deputy Executive Director Heather Seavey has been with the many benefits you receive as a member of the MSBA for just about 3.5 years. Heather was hired in 2013 as the membership services director, but became my deputy in 2015. Maine State Bar Association, and I have also She is responsible for the daily operations of the office as well as asked that you consider getting more involved the direction of member services of the Association. Although with the MSBA and making a difference in the Heather is one of our newer employees, you can bet that she will help you in any way she can no matter your question. Contact Association. So, perhaps I’ve piqued your inter- Heather and she will make sure you receive the proper assistance est in taking advantage of some of these great and answers. Email: [email protected] benefits, or maybe you want to get involved by Administration & Finance Director Lisa Pare becoming a Section Chair or writing for the is our rock. Lisa has been working at the Bar Association for 42 years! I know… MBJ, but you just don’t know how to get start- that is unheard of these days! Lisa began her time at the MSBA as ed. Since the MSBA staff has changed a great a part-time employee while she was still in high school when Ed deal in the last three years, you may be unsure Bonney was the executive director. She is responsible for account- ing, payroll, human resource benefits, and membership dues, and who to contact. We have wonderful folks here she serves as the primary staff liaison to the Investment Commit- at the MSBA who are loyal and dedicated to tee. Lisa provides our institutional knowledge and we look to her the MSBA mission. I’d like to introduce you to for sound advice and guidance. Email: [email protected] your MSBA staff—these individuals are ready Receptionist & Administrative Assistant Jennaca Melo is to serve you! most likely the person you will speak with first if you call or visit our office. She has been working at the MSBA since 2014. Jenna is responsible for answering and directing incoming calls, as well as coordinating our conference room space for member use. In addition to sending out new member correspondence and mem- bership welcome kits, Jenna also helps with database entry and CLE registrations. Email: [email protected] MAINE BAR JOURNAL | VOLUME 1, WINTER 2017 7 Continuing Legal Education Director Linda Morin-Pasco Communications Coordinator Valerie Schriver has been in the is another longtime, loyal employee of the MSBA. Linda has MSBA Communications Department for 2 years now. However, been with the MSBA for almost 24 years! She has held various you may know her from her many years of service in the CLE positions, but has been the CLE Director for as long as I can Department beginning in 2000. Val is responsible for the produc- remember. Linda is responsible for the development, implemen- tion, design and layout of publications, programs and brochures tation and management of all CLE programs, and serves as the produced by the MSBA, including CLE and LRS publications.
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