PHILLIP E. JOHNSON
Attorney at Law
160 Capitol Street, P.O. Box 79
Augusta, Maine 04332-0079
(207) 623-5110

CAREER OVERVIEW

Trial lawyer since 1975, with broad background in tort and commercial litigation and extensive trial experience. Presently concentrate in aviation litigation, employment law and litigation, business litigation, legal ethics and malpractice, corporate compliance, and estate planning. Also provide ADR services as mediator and arbitrator. Hold highest grade possible for legal ability and legal ethics by foremost national lawyer rating service.

Licensed to practice law in Maine and Ohio (on inactive status in Ohio).

PROFESSIONAL HISTORY

June 1992- Present.  
Johnson & Webbert, L.L.P., 160 Capitol Street, P.O. Box 79, Augusta, Maine 04332-0079.  Concentrate in aviation litigation, employment law and litigation, business litigation, legal ethics and legal malpractice, corporate compliance, and estate planning. Also handle wide variety of tort, commercial and insurance coverage litigation, and serve as counsel to corporate and institutional clients on business and ethics issues. Practice includes serving as arbitrator and mediator.

May 1978 - June 1992.  
Pierce Atwood (Partner 1983-1992), 77 Winthrop Street, Augusta, Maine 04330. Trial lawyer and partner in Maine’s largest law firm. Assumed lead role in major cases. Sub-specialized in professional liability cases.

July 1977 - April 1978.  
Wheeler & Arey, P.A., 16 Common Street, Waterville, Maine 04901. Trial awyer at this small litigation firm.

January 1975 - June 1997.  
Arter & Hadden, 100 Huntington Building, Cleveland, Ohio 44115. Trial awyer at this national law firm with extensive experience in medical malpractice, aviation, anti-trust and general litigation.

January 2000 - Present.  
Professional Ethics Commission, Maine Board of Overseers of the Bar.  Chair, Jan. 1, 2003 to present.

June 1992 - June 1995.  
State Board of Property Tax Review. Vice Chair of this State Administrative Board which hears appeals of complex property tax cases. 

J.D. - Case Western Reserve University (1975) Associate Editor, Law Review.
B.A. - Miami University (Oxford, Ohio) (1972).

American Bar Association: Member, Center for Professional Responsibility; Section of Litigation, Aviation and Trial Practice Committees; Section of Tort and Insurance Practice, Trial Techniques Committee; Section of International Law; Section of Alternative Dispute Resolution.

Maine State Bar Association: Member, Continuing Legal Education Committee (1992 to present) (Chair, 1997); Chair, Ethics Subcommittee.

Maine Trial Lawyers Association: Member, Board of Governors (1993 - 2003).

Lawyer-Pilots Bar Association (hold Private Pilot’s License, Instrument Rating and Multi-engine Training).

The Defense Research and Trial Lawyers Association.

Northern New England Defense Counsel Association.

Kennebec County Bar Association: President, 1982-1983.

"Consequences of Unauthorized Practice of Law," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (December, 2003)

"Ethics and Settlements," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (September, 2003)

"Champerty and Maintenance – Beware of Those Personal Injury Funding Companies," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (July, 2003)

"Rule 3.13 And the Managing Attorney," Maine Lawyers Review (Ames Ledge Publishing, Inc. (June, 2003)

"Consultation Within the Law Firm and the Attorney-Client Privilege," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (February, 2003)

"Unsolicited E-Mails from Would-Be Clients," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (December, 2002)

"Ethical Guidelines for Settlement Negotiations," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (November, 2002)

"Contingent Fee Agreements – The Ethics of Alternative Fee Structures in the Event Client Rejects Settlement Advice," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (July, 2002)

"Don’t Withdraw Funds When a Dispute is Pending," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (May, 2002)

"Responsibility for the Acts of Your Private Investigator," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (March, 2002)

"Beware Having Your Clients Sign Incomplete Documents," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (February, 2002)

"You Mean There Is No Statute of Limitations For Bar Prosecutions," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (January, 2002)

"An Informal Survey of Bar Counsel," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (December, 2001)

"The Basics of The Legal Malpractice Action," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (November, 2001)

"Ethics And The Internet: Use of ListServes," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (October, 2001)

"Limited Representation To Avoid Conflicts Between Clients," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (August, 2001)

"The ‘Continuous Representation’ Doctrine And Other Means Of Avoiding The Statute Of Limitations," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (June, 2001)

"‘Unbundled’ Legal Services: Maine’s New Rule," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (May, 2001)

"Sharing Office Space and Services by Unaffiliated Lawyers," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (April, 2001)

"Screening and Other Precautionary Measures With Respect to Non-Lawyer Employees," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (April, 2001)

"Fee Division: What Are The Consequences Of Failure To Disclose And Obtain Client Consent?" Maine Lawyers Review (Ames Ledge Publishing, Inc.) (February, 2001)

"Unauthorized Practice of Law: The Insurance Company and the Claimant," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (January, 2001)

"Conduct Involving Dishonesty, Fraud, Deceit Or Misrepresentation," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (December, 2000)

"Candor With The Court," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (November, 2000)

"The Disciplinary Process: How Does It Work?" Maine Lawyers Review (Ames Ledge Publishing, Inc.) (October, 2000)

"Attorneys Who Agree to Abide by Insurance Company Litigation Management Guidelines May be Overstepping Ethical Boundaries," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (July, 2000)

Responsibility For Ethical Violations of Others: Know Your Obligations When You Enter An Appearance In A Case," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (May, 2000)

Multi-Disciplinary Practice," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (April, 2000)

"Improper Billing Practices Can Lead to Discipline," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (February, 2000)

"Contingent Fee Agreements – Who Owes the First Lawyer’s Fee?" Maine Lawyers Review (Ames Ledge Publishing, Inc.) (January, 2000)

"Sanctions for Exceeding Length of Brief Limits? Beware of How Word Processing Programs Conduct Word Counts," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (August, 1999)

"The Request for the Client’s File: Does the Lawyer Have to Turn Over Absolutely Everything?)," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (July 26, 1999)

"E-Mail, The Telephone and the Reasonable Expectation of Privacy?" Maine Lawyers Review (Ames Ledge Publishing, Inc.) (May, 1999)

"Responsibility for the Conduct of Others (Are You Your Partner’s Keeper, Are You Your Partner’s Associate’s Keeper?)," The Ethical Lawyer (Maine State Bar Association) (February, 1999) (co-authored with Gordon H.S. Scott)

"Ethics in Discovery," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (January 11, 1999)

"Consulting with Other Lawyers," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (November 16, 1998)

"The Hazards of Misrepresentation," Maine Lawyers Review (Ames Ledge Publishing, Inc.), (September 21, 1998)

"Fixed Fee Agreements and Insurance Defense Counsel," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (June 29, 1998)

"Issue Conflicts," The Ethical Lawyer (Maine State Bar Association) (co-authored with Gordon H. S. Scott)

"ABA Guidelines for Lawyers Who Serve as Corporate Directors," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (May 4, 1998)

"Double Dipping Under the ’Common Fund’ Doctrine," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (March 9, 1998)

"Practice Across State Lines: Whose Ethical Rules Do I Follow?" The Ethical Lawyer (Maine State Bar Association) (February, 1998) (co-authored with Gordon H.S. Scott)

"Incivility in Litigation," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (December 5, 1997)

"Secreting Client Files by a Departing Lawyer," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (October 10, 1997)

"E-Mail and Confidentiality," Maine Lawyers Review (Ames Ledge Publishing, Inc.)

(September 15, 1997)

"The Lawyer’s Ethical Responsibilities Regarding Law Firms, Subordinate Lawyers and Non-Lawyer Assistants," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (May 1, 1997)

"Billing Ethics," The Ethical Lawyer (Maine State Bar Association) (March, 1997) (co-authored with James E. Kaplan)

"New Rules Impose Duties On Lawyers With Regard to Fee Arbitration," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (March 31, 1997)

"Hybrid Fee Agreements," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (February 7, 1997)

"Depositions of Opposing Counsel," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (January 7, 1997)

"Solicitation of Accident Victims," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (December 10, 1996)

"Practice Across State Lines," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (November 20, 1996)

"Inadvertent Disclosure of Privileged Documents: Now What Do I Do?" The Ethical Lawyer, (Maine State Bar Association) (November, 1996) (co-authored with James E. Kaplan)

"Simplifying Rule 3.4: A Checklist of Questions for Conflict of Interest Analysis," (The Ethical Lawyer Newsletter) (Maine State Bar Association) (November, 1996) (co-authored with James E. Kaplan)

"Ex Parte Contacts with Opposing Experts," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (October 23, 1996)

"Letters of Protection in Personal Injury Cases," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (September 25, 1996)

"The Dual Capacity of Corporate Counsel and How it Can Impact the Attorney-Client Privilege," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (July 31, 1996)

"Restatement of the Law Governing Lawyers," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (July 3, 1996)

"Advocacy and the Lawyer’s Duty of Candor," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (June 19, 1996)

"The Deposit and Withdrawal of Retainers," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (May 8, 1996)

"Client Consent May be Necessary Before Law Firm and Lawyer Have Substantive Discussions About Employment," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (March 13, 1996)

"Guidelines for Professional Conduct in Litigation," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (February 14, 1996)

"Conduct During Litigation - How About a Cause of Action for Malicious Defense?" Maine Lawyers Review (Ames Ledge Publishing, Inc.) (January 17, 1996)

"When Ethical Rules Clash with Statutes - Ex Parte Interviews," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (December 20, 1995)

"Beware of the Ethical Implications of Information Conveyed by a Potential Client," The Ethical Lawyer Newsletter (Maine State Bar Association) (December, 1995) (co-authored with James E. Kaplan)

"Monetary Advances on Behalf of Clients - When Can You Do it and How Will the IRS Treat It," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (November 22, 1995)

"Suing Clients for Fees - Why You Should Avoid the Temptation," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (October 25, 1995)

"Reporting Misconduct," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (August 30, 1995)

"Special Ethical Concerns of Shared Office Space," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (August 2, 1995)

"21st National Conference on Professional Responsibility," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (July 5, 1995)

"Ethics and Technology," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (June 7, 1995)

"The Relationship Between Professional Courtesy and Ethics," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (May 10, 1995)

"How Discovery Tricks Turned into Suspension from the Practice of Law," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (April 12, 1995)

"Ex Parte Communications with Adverse Corporate Employees," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (March 6, 1995)

"Contingent Fees," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (February 15, 1995)

"When Lawyers Leave Law Firms," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (January 18, 1995)

"Confidentiality and the Cellular Telephone," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (December 21, 1994)

"Referral Fees," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (December 7, 1994)

"Positional Conflicts of Interest," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (October 26, 1994)

"Unintended Disclosure of Privileged or Confidential Materials," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (September 28, 1994)

"When is a Retainer Non-Refundable?" Maine Lawyers Review (Ames Ledge Publishing, Inc.) (August 3, 1994)

Presenter, Multijurisdictional Practice, The Business Law Institute, Maine State Bar Association, March 20, 2004

Presenter, Managing Client Files and Property; Trust Accounts, Rule 3.13, Responsibility for Compliance with Maine Bar Rules, Maine State Bar Association, March 11, 2004

Presenter, The Ethics Seminar: Recurring Issues in Today’s Law Practice, Maine State Bar Association, December 22, 2003

Presenter, Ethics and Professional Responsibility and Expert Witness Practice, Real Evidence for the Trial Practitioner in Maine, Lorman Educational Services, June 24, 2003

Presenter, The Ethics Seminar: The Co’s and Don’ts of the Grievance Complaint Process, Maine State Bar Association, December 4, 2002

Presenter, Legal Ethics: Common Sense, Communications and Confidentiality, Technology Basics & Beyond, Maine State Bar Association, Portland, Maine, November 30, 2001

Presenter, Ethical Considerations, Legal Issues Surrounding E-Commerce, Maine State Bar Association, Portland, Maine, September 21, 2001

Program Chairperson, The Art of Opening & Closing Statements, Observing the Masters at Work, Maine State Bar Association, Portland, Maine, February 2, 2001

Presenter, Professional Responsibility, 2000 Legal Year in Review, Maine State Bar Association, Augusta, Maine, November 17, 2000

Presenter, Ethical Traps for the Unwary, Litigation Skills for the 21^st Century, Maine Trial Lawyers Association, Portland, Maine, October 27, 2000

Presenter, The Grievance Process, Maine Legal Ethics, Lorman Education Services, Portland, Maine, September 21, 2000

Presenter, Ethics of Multiple Representation After Gordon v. Cummings, Injured and Disabled Employees, Maine State Bar Association, Portland, Maine, June 2, 2000

Moderator, Employment Law & Litigation, Maine Trial Lawyers Association, Portland, Maine, April 7, 2000

Presenter, Professional Responsibility, 1999 Legal Year in Review, Maine State Bar Association, Portland, Maine, November 5, 1999, Bangor, Maine, November 19, 1999

Moderator, Negotiation and Settlement, Maine Trial Lawyers Association, Portland, Maine, October 29, 1999

Presenter, Risk Management, Bridging the Gap, Maine State Bar Association, Augusta, Maine, October 27, 1999

Presenter, Spoliation of Evidence, OFA National Conference, Organization of Flying Adjusters, Portland, Maine, September 23, 1999

Presenter, Ethical Concerns, Balancing the Needs of the Solo and Small Firm, Maine State Bar Association, Augusta, Maine, August 13, 1999

Moderator, The Most Significant Ethical Issues Facing the Maine Lawyer Today, Maine State Bar Association, Portland, Maine, March 19, 1999

Presenter, Professional Responsibility, 1998 Legal Year in Review, Maine State Bar Association, Bangor, Maine, October 30, 1998, Portland, Maine, November 12, 1998

Presenter, Liability of Flight Schools for Injuries to Pilots, Passengers and Others for Negligent Flight Instruction, 1998 SMU Air Law Symposium, Southern Methodist University Symposium, Dallas, Texas, February 26, 1998

Presenter, Trial Skills: How To Jazz It Up, Navigating Your Way Through the Administrative Process, Maine State Bar Association, Augusta, Maine, May 19, 1995

Presenter, Computerization of the Law Office, Managing Your Law Practice, Eliminating the Risks and Securing the Rewards, Maine State Bar Association, Carrabassett, Maine, March 5, 1994

Moderator, Discovery in the Personal Injury Case, The Tools, Techniques and Tactics, Maine Trial Lawyers Association, South Portland, Maine, November 4, 1994

Presenter, The Independent Medical Examination, Trial Advocacy: Neck and Back Injuries, Maine State Bar Association, Portland, Maine, October 1, 1993