Maine Recent Legal Answers from Lawyers

You have potential claims for "cybersquatting" and infringement of your common-law trademark. You need to consult with an attorney who practices in this area to determine what the best way is to proceed. The particular method of obtaining redress may depend on what steps, if any, you have taken to protect your company name as a trademark. Our office practices in this area, and we'd be happy to discuss the situation with you and the range of possible actions to obtain redress. ... Read More

Can you sue?  Yes.  Can you win?  That is a more challenging question.  You really need to consult with a personal injury attorney who is an expert in lead poisoning cases.  Most of the best attorneys in this field will provide you free consultation to discuss your particular circumstance in detail. I consulted the most knowledgable lead poisoning expert attorney I know for you and this is his response: "It would be a difficult case at that lead level.  The CDC defines lead poisoning as anything greater than a level of a 10.  A ten level would be a difficult case due to causation issues.  My friends on the east coast usually take cases with levels greater than 20 only.  I do not believe expert testimony would credibly support causation at a 10 level.  Perhaps previous levels might have been higher.  Look at older levels to see if they were higher. Typically, blood lead levels are taken at every 6 month exam to age 4 and these are available through the doctors office or the testing agency.   As far as action to take against the landlord, put the request in writing and advise that the child has an elevated blood lead level.  Take photos of the property and paint defects.  Notify the health department if not already done so by treating pediatrician.  Not sure of Maine laws, but perhaps put rent in a bank escrow until repairs are safely made, but should consult with a local lawyer.  There is usually a free legal aide office for these types of issues." This response was provided to me by Larry Buckfire who knows more about this subject than any attorney I know.  For more information see:  http://www.buckfirelaw.com/practice_areas/michigan-lead-poisoning-lawyer-detroit-lead-paint-poisoning-attorney.cfm John Bisnar, BISNAR|CHASE, Personal Injury Attorneys.  http://www.BestAttorney.com.  800-956-0123.... Read More

A lawyer is bound by the same attorney-client privilege and duty of confidentiality to a juvenile client as to an adult client. It does not matter who pays the fee. It does not matter that the legal consultation was at the behest of the parents. Whatever a person divulges to his or her attorney is confidential and between the two of them. The lawyer's obligation is to the client whose representation he or she has undertaken. Ethical rules prevent the lawyer from sharing that information absent the consent of the client. The lawyer for a juvenile is obligated to safeguard the juvenile's information and secrets from parents and guardians. Interviews should be conducted outside the presence of the parents. The lawyer should make this clear to parents who retain his or her services for their child. It's also a good idea to ask the parents to refrain from asking the child details about the interview because it could compromise the attorney-client privilege. A client can waive the attorney-client privilege and authorize disclosures to third parties. But that carries a risk -- the prosecutor could then call the third party to the stand to testify about the statements made to the lawyer. There is no parent-child privilege like there is a privilege between spouses. Parents also have no right to inspect the files of their child's lawyer or review his or her notes or discovery without their child's expressed consent.... Read More

A person who submits a false application for a bank loan can be facing federal fraud charges. The government would have to prove beyond a reasonable doubt that the defendant knowingly made a materially false statement to a federally insured bank for the purpose of influencing the bank's action. The maximum penalty for this offense is 30 years in prison and/or a fine up to one million dollars. However, the actual sentence would depend on the federal sentencing guidelines. For this type of offense, the sentence would depend upon the amount of actual or intended loss to the bank. It is not necessary for the bank to actually grant the loan for a person to be convicted. The crime only requires that the applicant act with intent to influence the bank's action -- it does not require either reliance by the bank officers on the false statements or actual defrauding. ... Read More