Our areas of practice are as follows — please click on the area of practice for more detailed information:
Alternative Dispute Resolution
Business Law
Civil Litigation
Construction Law
Collections/Creditor Rights
Criminal Law
Elder Law
Estate Planning
Family Law
Land Use
Landlord/Tenant Law
Municipal Law
Probate Law
Real Estate
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Alternative Dispute Resolution
The increasing expense, time and energy consumed by judicial litigation of disputes has encouraged the use of alternative dispute resolution methods, such as mediation, early neutral evaluation, and arbitration. Depending on the objectives and priorities of the participants, each one of these methods may provide an acceptable alternative to litigation. Strout & Payson's attorneys have utilized these methods and have often found them useful in achieving cost-effective and timely outcomes. Patrick J. Mellor's extensive litigation experience makes him an excellent choice for a third party neutral when parties are considering the Alternative Dispute Resolution.
Practice Area Attorneys:
Patrick J. Mellor
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Business Law
Strout & Payson takes pride in being able to provide guidance for our clients from the inception of their business through any periods of growth and transition. We assist in analyzing business opportunities, advise clients with regard to the appropriate corporate form they should utilize, and all matters concerning corporate governance. We also analyze existing contracts and draft new documents as necessary to effectuate business goals. We provide employment agreements, standard contracts for goods and services, contracts related to the acquisition of new or additional real estate, and numerous other business related legal services, including litigation of business disputes.
Practice Area Attorneys:
Patrick J. Mellor
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Civil Litigation
Our firm's four litigation attorneys collectively bring over 70 years of experience, a solidly developed relationship with and knowledge of area courts, their workings and personnel. This knowledge and practical experience often leads to timely results, benefitting our clients. If litigation is required, Strout & Payson is known as a firm that provides aggressive and intelligent advocacy. Our attorneys have successfully litigated everything from sophisticated injunctive matters to everyday collection matters. Some of the types of litigation matters we handle include: Partnership, Corporate/Shareholder and Limited Liability Company disputes; Breach of contract; Boundary disputes; Partition actions; Fraud and misrepresentation claims; Slander and defamation claims; Unfair Trade Practices; Interference with existing and prospective contractual relations; Construction disputes and home warranty claims; Wrongful use of civil proceedings and abuse of process claims; Collection cases; Successor liability, alter ego, and piercing the corporate veil cases; and Preliminary injunctions and temporary restraining orders.
Practice Area Attorneys:
Robert J. Levine
Eric B. Morse
Patrick J. Mellor
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Construction Law
Strout & Payson Construction Law Group is an experienced team committed to providing effective and competent counsel to all participants in the construction process, including contractors, subcontractors and suppliers, owners, developers, construction managers, design/builders, and engineers. The practice is local and statewide in scope. Clients are assisted in all matters, no matter the magnitude, including adapting industry agreements to meet the particular needs of the client, drafting customized documents, if necessary, and reviewing and revising proposed contracts. The firm practices all aspects of construction law from negotiation, contract formation, and litigation.
Practice Area Attorneys:
Patrick J. Mellor
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Collections/Creditor Rights
Strout & Payson is experienced in assisting individuals, businesses, and financial institutions with the collection of their debts. This representation includes mortgage foreclosures, enforcement of the rights of secured creditors under Maine's Uniform Commercial Code, the recovery of money judgments, and the use of all available remedies afforded by Maine law to collect money judgments.
Our firm also provides representation when our clients' debtors file for bankruptcy. We perform a host of services. These include the filing of forms and supporting documents to establish the amounts due and priority of claims, and the prosecution of motions to lift or modify automatic stays, objections to discharges, objections to bankruptcy plans, and the negotiation of cash collateral and adequate protection agreements.
Practice Area Attorneys:
Lauren Hall Kenniston
Patrick J. Mellor
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Criminal Law
Strout & Payson's Criminal Law Group represents clients in District and Superior Courts throughout Maine. Representation is available for misdemeanors and felony matters. The attorneys at Strout & Payson assist clients with Operating Under the Influence, other motor vehicle-related charges, and drug offenses. Focus is also placed on administrative hearings in front of the Secretary of State/Department of Motor Vehicles. Appeals to Maine's Law Court are handled should the need arise.
Practice Area Attorneys:
Robert J. Levine
Eric B. Morse
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Elder Law
Our elder law attorneys advise clients with regard to methods of preserving assets of an elderly individual in the event they are required to enter a nursing home. We also are experienced in the prosecution and defense of guardianship proceedings; counseling clients with regard to health care planning including the preparation of living wills.
Practice Area Attorneys:
Esther R. Barnhart
Lauren Hall Kenniston
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Estate Planning
Estate planning involves the creation of a plan for the distribution of an individual's property upon death. Without a will, property will be distributed pursuant to the laws of the State of Maine. The best way to ensure that your property will be distributed pursuant to your wishes is to create a will. The attorneys at Strout & Payson can discuss the best plan for you, including how to minimize the tax implications for your estate.
The attorneys at Strout & Payson are experienced in the creation, modification, termination and management of trusts.
Other important documents include a durable power of attorney and a health care power of attorney. A durable power of attorney is a written instrument by which an individual designates another person (the agent, or attorney-in-fact) to act on his or her behalf. A health care power of attorney, often referred to as a living will or an advance health care directive, enables the agent to make health care related decisions for the principal.
Practice Area Attorneys:
Esther R. Barnhart
Lauren Hall Kenniston
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Family Law
Strout & Payson's Family Law Group has experience in all aspects of family law: divorce, post-divorce, and parental rights matters. Representation extends through Maine's case management docket, mediation, and contested court proceedings, if necessary. Appeals to Maine's Law Court are handled should the need arise.
Practice Area Attorneys:
Robert J. Levine
Eric B. Morse
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Land Use
Strout & Payson attorneys regularly assist clients in obtaining all federal, state, and local approvals for development projects throughout Midcoast Maine. We counsel our clients on zoning, subdivision, site approval, wetland, and shoreland requirements, and we appear before state and local regulatory agencies and planning and zoning boards. Our attorneys regularly work with and appear before various state and local regulatory boards.
Practice Area Attorneys:
Patrick J. Mellor
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Landlord/Tenant Law
Strout & Payson has extensive experience in dealing with all aspects of residential and commercial leases. We put that knowledge to work to assist clients, regardless of whether they are tenants or landlords, in the preparation of leases and rental agreements, and the prosecution or defense of eviction proceedings. Without the benefit of proper advice, many residential landlords insert into their leases provisions that appear prudent, but which expose them to serious economic sanctions. For example, a clause which obligates the tenant to pay the landlord's attorneys fees on default is improper. It constitutes an unfair trade practice for which the tenant can recover monetary damages and his/her own counsel fees.
Practice Area Attorneys:
Lauren Hall Kenniston
Patrick J. Mellor
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Municipal Law
Strout & Payson has an experienced municipal law practice group. We serve as general counsel to a number of Maine municipalities, including zoning and planning boards. We assist municipalities in responding to requests for ordinances, determining their legality, as well as drafting, adopting, and implementing ordinances. We also assist clients in making application to municipal boards, the Department of Environmental Protection, the Land Use Regulation Commission, and other State Agencies.
Practice Area Attorneys:
Patrick J. Mellor
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Probate Law
Maine has 16 probate courts, one for each county, and these courts are under county jurisdiction. Each Probate Court has an elected judge, and these courts sit without a jury. Matters before the Probate Court include estate administration, guardianships for both adults and minors, conservatorships, name changes, adoptions, and other legal matters. The attorneys at Strout & Payson are experienced in these areas and are available to assist you with all necessary filings, as well as represent you at hearings, contested or otherwise, in front of the Judge of Probate.
Practice Area Attorneys:
Esther R. Barnhart
Lauren Hall Kenniston
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Real Estate Law
Strout & Payson's attorneys represents both buyers and sellers, property management firms, businesses and individuals in all types of commercial and residential real estate matters, including services in real estate transactions, leases, contract and deed drafting, negotiation, real estate litigation, landlord and tenant disputes, partition actions, easement and permit disputes, and other land use issues.
Practice Area Attorneys:
Esther R. Barnhart
Patrick J. Mellor
Lauren Hall Kenniston
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