No one can claim the COVID-19 pandemic is behind us. After a few months of lockdown and quarantine, there are more data points from which people can draw conclusions about how to move forward. During these months, we have remained in touch with our clients, old and new. We honed our skills for getting work out from home, conducting meetings, mediations, depositions, and even court appearances via Zoom and other platforms. Courts are slowly beginning to ramp up. We have even been to nursing homes. Although, our front door is still locked. With a new doorbell installed, we are seeing clients in ..read more

Beyond Wills Earlier, we covered wills as a necessary legal document for ensuring that your personal effects are distributed as you intend after you pass. Beyond wills, there are a few other important estate planning issues you should consider. Non- Probate Assets Non-probate assets include entities like IRAs and pension plans. These pass along to designated beneficiaries separately from the will. Remember to update your beneficiaries if any major life event occurs. Advanced Healthcare Directive Consider setting up an advanced healthcare directive if you become incapacitated and others need to ..read more

Do you have a will? You should. Many people find their own death to be a difficult topic even to comprehend, let alone to discuss with others. As a result, many procrastinate when making a will because it is perceived as an unpleasant process. In fact, a 2005 Gallup poll found that only 51% of adults have a will. Unfortunately, though, ignoring the prospect of death will not make it go away. If you do not have a will, then your property will be distributed regardless, but you will not have a say in the matter. In the state of Maine, if you die without a will, your property is distributed accor ..read more

At Gilbert Law Offices, we try our best to produce excellent results promptly. However, as anyone involved in civil litigation can attest, more often than not, positive results take a lot of time. The process of getting to the trial itself can be long and arduous. Unfortunately, movies and television tend to skip all of the pretrial work of collecting records and deposing witnesses, which sometimes gives people the impression that their real-life legal issue will be resolved within a month or two. Further extending the timetable are courts clogged with a backlog of civil cases, making a trial ..read more

Occasionally, children do foolish things. In fact, probably everyone reading this blog post right now can think of at least one thing they did in their childhood that was foolish, reckless, dangerous, or all of the above. For many of us, breaking toys and getting occasional bumps and bruises were simply part of being a kid. The grown-up concept of “liability” never crosses the mind of a child. As risk-averse adults, though, dealing with “liability oblivious” children can be stressful. When little Johnny decides to play a “prank” on his friend Billy by loosening the bolts on his bicycle and he ..read more

In criminal law, “collateral consequences” are consequences of a criminal conviction in addition to the actual sentence. It is widely known that being a convicted felon carries with it several “collateral consequences.” However, many are surprised to learn that a misdemeanor Domestic Violence Assault (“DV Assault”) conviction carries similar penalties and “collateral consequences.” Misdemeanor DV Assault occurs when a “person intentionally, knowingly, or recklessly causes bodily injury or offensive physical contact” to a family or household member. (17-A M.R.S. § 207(1) (A)(2012). See also 17 ..read more

In the American system, it is fairly easy to get in the courthouse door. Almost anyone willing to pay the filing fee, and many cannot do so, access to our civil judicial system. However, while the American system is relatively open to provide a litigant their “day in court,” the system developed a pretty strict set of rules that make sure that a party to a court case gets only one bite of the apple. As a society, we determined that multiple, repetitive lawsuits serve little useful purpose. They are costly, duplicative, and in some cases, vengeful. On the criminal side, the Constitutional provi ..read more

Over the years, we received numerous calls from potential clients upset over the property damage settlement offered by the insurance company totaling the caller’s vehicle. The typical lament goes something like this: My car ran perfectly, was reliable, and paid for. The repair estimate was $7,500, but the adjuster said the fair market value is only $4,800. I can’t get anywhere near the car I had for $4,800. I just want my old car back. This common situation results from the application of the standard legal measure of damages for the property. The damages are the difference between the value ..read more

Every year, at this time, we remind our many corporate clients that the June 1st filing deadline is fast approaching. Their Corporate Clerk, Charlie Gilbert, needs to know of any changes in the corporate structure over the past year before submitting the filing to the Secretary of State. If everything has been running smoothly with a business, this may be our only contact since last year’s filing with a client. We welcome the opportunity to hear how things have been. Some years though, some events result in changes in shareholders, directors, officers, or even in the corporate groundwork itsel ..read more

On June 23, 1987, the U.S. Circuit Court of Appeals for the First Circuit handed down a decision authored by U.S. Supreme Court Justice Stephen Breyer in the United States v. Daniels. Charlie Gilbert represented Appellant Daniels. The appeals court held that the trial court had committed an error by refusing to allow the Appellant to withdraw his guilty plea. The full terms of the plea agreement had not been fully disclosed to the court, as required by Rule 11 of the Criminal Rules. The omitted disclosure was the government’s position that all defendants had to plead guilty or none could. Thus ..read more