Brown & Pols, P.A.

FIRM PROFILE

This is a general practice of law with concentrations in the areas of family law and probate matters.  In the District Court we primarily handle divorces, parental rights and responsibility actions, child support, spousal support, child custody, grandparents' rights and protective orders.  Probate proceedings involve estate administration, guardianship, conservatorship and adoptions.

We represent clients in a variety of other matters as well, including real estate and construction disputes (for both homeowners and contractors) and landlord/tenant issues.

Our estate planning services include wills, health-care directives, financial powers of attorney and trusts.

Mr. Brown has been practicing law in Brunswick since 1987.  Sharon Greene serves as paralegal assistant, receptionist/secretary and anchor-to-windward.  Rylie P. Dog and Tucker K. Dog still put in the occasional appearance.  Mr. Pols has retired from the active practice of law and is now of counsel to the firm.

MEDIATION/ARBITRATION
(and why you still need a lawyer)

There are many so-called "alternate dispute resolution" mechanisms available in Maine. Mediation with a court mediator is generally required in any family law matter before the case may go to trial. That is, if the parties do not agree on all issues, they have to attend mediation in an attempt to resolve their dispute. In general, the requirement of mediation is helpful, because it forces the parties to actually talk to each other.  The mediation requirement may be waived by the Court "for good cause shown".

The difference between mediation and arbitration is that, in mediation, the neutral third party (mediator) has no power to impose a decision on the parties.

Arbitration is where the parties agree to let a privately hired third party actually decide their case. The perceived advantage of private arbitration over the Court system is that it can be more informal, speedy, and less expensive. While the parties may agree to attend arbitration after any dispute arises, arbitration is often required by a prior contract between the parties (construction and employment contracts are typical examples).

There are many private mediators (as opposed to the Court mediators) and many persons offering arbitration services in the State of Maine. These alternate dispute resolution mechanisms can work well where the parties still have some measure of trust and respect for each other, but it is almost always advisable for each party to at least consult with an attorney.

Even though you may not want to have your attorneys present at the actual mediation or arbitration sessions (so as to avoid bluster, confrontation and defensiveness, stonewalling or "digging in of the heels") each party should have reviewed the case with an attorney of their own choosing so that they are aware of all of their possible options. In any negotiating session it is imperative to have some idea of what a Judge would decide, so that you know the strengths and weaknesses of your own case. Only an experienced attorney can provide this to you. You should feel free to ask your mediator or arbitrator to let you consult with your attorney at any stage of the proceedings, and you should always do so before making any agreements.

This office often participates in private mediations and arbitrations and, in some instances, will conduct private mediations.  More on our private mediation sessions below.

As mentioned above, the Family Law Court will generally require you to attend one of their mediation sessions before you can get in to have a contested case decided by the Court.  Unfortunately, the Court mediators are not attorneys, and are not in a position to advise one party or the other that their case may not have merit, that their position is unreasonable, or anything of the kind.  The Court mediators are there primarily to get the parties to engage with each other in a neutral setting.  If we think that a case can be settled, and the client has sufficient resources, we will often recommend that we take the case to a private mediator.  If the case is not likely to settle (and the client has sufficient resources), we will sometimes recommend that we proceed to arbitration.  As noted above, an arbitrator may decide the case, even where the parties do not agree.

The advantage of a private mediator is that they will have a great deal of experience in the field of law concerned, and will often advise one party or the other that they should move their position.  An arbitrator can hear all of the evidence in a more informal setting, hold private discussions with the parties, and decide the case in a more timely manner than it can be handled by the Court system.  Both private mediation and arbitration often also save the clients money.  Litigation through the Court system can be very expensive.

This office sometimes performs a variety of mediation where the lawyer acts as both mediator and scribe.  That is, if we have parties to a family law matter that have the outline to a general agreement, who may want to save money by not hiring their own lawyers for the entire process, and just need an attorney to help them settle their differences, we will act as the "neutral".  In these circumstances, we do not represent either party and do not enter a formal appearance with the Court.  Instead, we will prepare all of the paperwork to get the case in to the Court system, meet with the parties and help them to negotiate an agreement.  Once an agreement is reached, we will formalize it in the form of a Judgment and help usher it through the Court on an uncontested basis.  While we will always advise both parties to consult with independent counsel before finalizing any agreement (indeed, we will advise you to consult an attorney at the outset), you will not necessarily need to hire your own attorneys for the entire process.  This sort of case resolution is often the best for all parties concerned.  It requires the right case and the right parties, but it is very cost-effective, low stress, and relatively speedy.  Most importantly, the parties themselves remain in control.

Please do not hesitate to contact us if you think we might be of service in helping you to resolve your case through private mediation or arbitration, either acting as an attorney for you, or as "mediator and scribe" for both parties.

COLLABORATIVE DIVORCE

There is a new method of resolving disputes which has recently arrived in Maine.  Called "Collaborative Law", it is already practiced in several states and in many other places around the world.  Collaborative law is not reserved exclusively for divorce cases, but many practitioners feel that the process of collaborative law is often beneficial to the participants in a divorce.  Collaborative law can also be used in contract disputes, employee/employer disputes, and in any other type of dispute where both parties have a vested interest in staying out of the litigation process.

Collaborative law can be boiled down to a few basic concepts.  At bottom is a contractual agreement where the lawyers and the parties promise to cooperate with each other in trying to resolve their differences.  Further, the collaborative lawyers will withdraw if either party wants to proceed with litigation.  That is, both parties who enter into the collaborative dispute resolution process will have to find different lawyers if that process does not work, for whatever reason.  This gives everybody a vested interest in working through the difficult times.

In the process, the parties contract with each other to make every reasonable effort to settle their case without court intervention.  They agree to give full, prompt, honest and open disclosure of all information pertinent to their case, whether requested or not, and in a timely manner.  The parties agree to engage in informal discussions and conferences with the goal of settling all issues.

The collaborative law process can involve other professionals, as well as the parties and their attorneys.  Some times, the parties retain a mediator.  By definition, a mediator is a "neutral".  The unique aspect about the collaborative law process, however, is that the parties often choose to jointly retain other "neutral" professionals, such as accountants, career counselors, mental health professionals, etc.  This is vastly different from the typical litigation process, where each party hires its own experts and other professionals.

The advantages to collaborative divorce over a court fight should be obvious.  Hopefully, the stress will be less for all concerned, and the parties will come out of the process retaining a measure of trust and respect for each other.  The attorneys will often be urging their clients to be generous toward each other rather than greedy or stingy.  The idea is to arrive at a solution that everyone respects.  It is our personal experience that cases that settle are much less likely to return to court in the future.  If the parties can share experts and other professionals, they should both save on expenses.  Any experienced lawyer will also tell you that it is far less stressful, time-consuming and expensive in general to settle a case with a counterpart with whom you can work collaboratively, than it is to take the matter to trial.

Mr. Brown has attended interdisciplinary training for collaborative divorce (and collaborative law generally), and he is a member of the International Academy of Collaborative Professionals.  Please ask us about the collaborative process if you are interested.

HOW TO BE A GOOD CLIENT (and save on legal fees)

Essentially, the best way to save on your legal expenses is to be a good client. While this is not intended to be a comprehensive list, and is not arranged in any particular order as to priority, a good client should;

*Follow "The Plan". If you and your attorney have agreed on a course of action, plan, or theory of the case, do not change direction, take any unilateral action, or simply fail to follow through without first discussing your change of heart with your attorney. Be a team player.

*Read what is sent to you in the mail, and respond. This office routinely passes along copies of all documentation which is generated on the client's case. Typically, we will not write you a separate letter on what opposing counsel has sent to us. Rather, we expect you to read what the opposing attorney has sent and to get back to our office with any requests for information, replies to settlement proposals, etc. Don't make your lawyer track you down to follow up on these sorts of things. Take responsibility.

*Deal with the office staff whenever possible. A law firm may bill for a paralegal assistant's time, but you will not be billed the same hourly rate charged by your attorney. Paralegal assistants have special training and, in many cases, a great deal of experience, and will often be able to help you without the lawyer getting involved. Of course, if you really need to speak with your attorney and he or she is not available, you should always leave a message. This office returns all of its calls as soon as possible, but it is helpful to know in advance why you called.

*Insist on monthly, itemized bills. Review your bills when they come in and, if possible, pay them on time. If you are confused about a billing item or disagree with a particular bill, bring it to your attorney's attention promptly. The same rule applies if you are unable to pay your bill--don't ignore the situation--call the office and explain. In many states (and in Maine) you may compel your attorney to participate in fee arbitration when there is a dispute about what is owed.

*Do not simply show up at your lawyer's office, expecting to see your lawyer, review your paperwork, or even pay your bill. Law offices are busy places, and they need to schedule client appointments to avoid haste on the part of the office staff, as well as delay and frustration for the client or visitor who "dropped in". Likewise, if you have made an appointment which you can no longer keep, you should let your attorney's office know as soon as possible.

*If you are unhappy with the way your case is progressing, let your attorney know. Your lawyer has probably been involved with cases like yours on many occasions, and may no longer fully appreciate how frustrated and powerless the first-timer might feel. Sometimes it is helpful to get a second opinion from another attorney (many attorneys will grant an initial review at no charge), but it is always best to go straight to the horse's mouth. By the same token, if you feel good about your case, let your lawyer know. Lawyers are people too. 

LOCAL COURTS

It is important to have local counsel in any dispute.  As the saying goes, it is often not what you know, but who you know that really counts.  We are not suggesting that we are able to pull strings that others cannot, but we do support the proposition that it is important to be known to Court personnel, including the clerks and the bailiffs, as well as to the Judges.  If you are known as an attorney whose word is good, and who doesn't bring frivolous cases, you will be able to get better results for your clients.

In Maine, all new family law matters must be brought in the District Court.  We frequent the District Courts located in West Bath, Portland, Wiscasset and Lewiston.  These courts correspond to Sagadahoc, Cumberland, Lincoln and Androscoggin Counties respectively.

Because of our Augusta and Sugarloaf connections, we also occasionally appear in Rockland, Augusta, Belfast and Farmington District Courts.  These correspond to Knox, Southern Kennebec, Waldo and Franklin Counties, respectively.

Some old post-divorce cases remain in Superior Court.  Likewise, if you want a jury trial on a civil matter or a criminal matter, you must go to Superior Court.  The Superior Courts for Knox, Franklin and Cumberland Counties are in the same buildings as their District Courts.  The Waldo County Superior Court is on the same street at their District Court, but in a different building.  The Superior Court for Androscoggin County is located in Auburn, just across the river from the District Court in Lewiston.  The Superior Court for Sagadahoc County is located in Bath, but the Clerk's office is in West Bath, in the District Court building.

If you are seeking an attorney for representation on a case which is not located in one of the courts or counties listed above, you should not bother calling us.  It simply isn't cost effective, in most circumstances, to have your attorney travel great distances to get to court.  On the other hand, if your case will be heard in one of these courts or counties, please feel free to give us a call.  There is no charge for your initial consultation.

FEE AND PAYMENT POLICIES 

Attorney time is charged at $200 per hour.  Contingent fees may be arranged in appropriate Plaintiff's cases.  Clients are also responsible for out-of-pocket expenses.  A retainer is required for all new cases.  Mastercard and Visa cards are accepted.  All fee arrangements are confirmed in writing.

CONSULTATION FEE

No fee for initial consultation. Feel free to telephone, fax or e-mail.