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 jury trial experience. Current emphasis on aviation litigation and product liability litigation, employment law and litigation, business litigation, legal ethics and legal malpractice, and estate planning. Substantial experience as mediator and arbitrator. 
PROFESSIONAL HISTORY
June 1992-
Present		 Johnson & Webbert, L.L.P., 160 Capitol Street, P.O. Box 79, Augusta, Maine 04332-0079. Concentration in aviation litigation, employment law and litigation, business litigation, legal ethics and legal malpractice, and estate planning. Also handle wide variety of tort, commercial and insurance coverage litigation, and serve as counsel to corporate clients on various business issues. Practice includes services 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 on major cases. Sub-specialized in medical and professional malpractice. Held one of heaviest jury trial schedules at the firm.
July, 1977 -
April 1978		 Wheeler & Arey, P.A., 16 Common Street, Waterville, Maine 04901. Trial lawyer at this small litigation firm.
Jan., 1975 -
June, 1977		 Arter & Hadden, 100 Huntington Building, Cleveland, Ohio 44115. Trial lawyer at this national law firm with extensive experience in medical malpractice, aviation, anti-trust and general litigation.
OTHER  POSITIONS
Jan., 2000- Professional Ethics Commission, Maine Board of Overseers of the Bar; Chair, Jan. 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. Appointed by the Governor. Chair of Panel A.
EDUCATION
J.D. - Case Western Reserve University (1975) Associate Editor, Law Review
B.A. - Miami University (Oxford, Ohio) (1972)
MEMBERSHIPS

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 Administrative Law and Regulatory Practice.

American Trial Lawyers Association

Maine State Bar Association: Member of Continuing Legal Education Committee (Chair, 1997). Current Chair, Ethics Subcommittee.

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

Association of Professional Responsibility Lawyers

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.
REPORTED CASES
  1. Ludington v. LaFreniere, 704 A.2d 875 (Me. 1998).
  2. Central Maine Power Co. v. Moore, 692 A.2d 943 (Me. 1997).
  3. State v. Allison, 692 A.2d 936 (Me. 1997).
  4. Moore v. Central Maine Power Co., 673 A.2d 699 (Me. 1996).
  5. Green v. Cessna Aircraft Co., 673 A.2d 216 (Me. 1996).
  6. Webb v. Haas, 665 A.2d 1005 (Me. 1995).
  7. Smith v. Yankee Const. Corp., 623 A.2d 904 (Me. 1993).
  8. Orthopedic Physical Therapy Center, P.A., et als. v. Sports Therapy Centers, Ltd., et al., 621 A.2d 402 (Me. 1993).
  9. Waterville Homes, Inc. v. Maine Department of Transportation, 589 A.2d 455 (Me. 1991).
  10. Dixon v. Dorney, 588 A.2d 322 (Me. 1991).
  11. Goding v. Tri-County Emergency Medical Services, 568 A.2d 1105 (Me. 1990).
  12. Onat v. Penobscot Bay Medical Center, 574 A.2d 872 (Me. 1990), 1990-2 Trade Cases P. 69, 175.
  13. Fitts v. Central Maine Power Co., 562 A.2d 690 (Me. 1989).
  14. Wheelock v. Hyde, 551 A.2d 450 (Me. 1988).
  15. Patrick St. Peter & Sons, Inc. v. Boone, 549 A.2d 375 (Me. 1988).
  16. Hall v. Norton, 549 A.2d 372 (Me. 1988).
  17. Pullen v. Bartlett, 507 A.2d 1070 (Me. 1986).
  18. Baker v. Mid Maine Medical Center, 499 A.2d 464, 53 A.L.R. 4th 271 (Me. 1985).
  19. Marr v. Shores, 495 A.2d 1202 (Me. 1985).
  20. Fuller v. State, 490 A.2d 1200 (Me. 1985).
  21. Government Employees Ins. Co v. Concord General Mutual Ins. Co., 458 A.2d 1205, 44 A.L.R. 4th 1 (Me. 1983).
  22. Marine Colloids, Inc. v. M. D. Hardy, Inc., 433 A.2d 402 (Me. 1981).
  23. Dube v. McIver, 431 A.2d 630 (Me. 1981).
  24. Mailman v. Colonial Acres Nursing Home, 420 A.2d 217 (Me. 1980).
  25. Poole v. Statler Tissue Corp., 400 A.2d 1067 (Me. 1979).
  26. Clark v. Edwards Mfg. Co., 397 A.2d 183 (Me. 1979).
  27. State v. Jackson, 394 A.3d 769 (Me. 1978).
  28. Rioux v. Franklin County Memorial Hospital, 390 A.2d 1059 (Me. 1978).
PUBLICATIONS
  1. "When is a Retainer Non-Refundable?" Maine Lawyers Review (Ames Ledge Publishing, Inc.) (August 3, 1994).
  2. "Unintended Disclosure of Privileged or Confidential Materials," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (September 28, 1994).
  3. "Positional Conflicts of Interest," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (October 26, 1994).
  4. "Referral Fees," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (December 7, 1994).
  5. "Confidentiality and the Cellular Telephone," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (December 21, 1994).
  6. "When Lawyers Leave Law Firms," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (January 18, 1995).
  7. "Contingent Fees," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (February 15, 1995).
  8. "Ex Parte Communications with Adverse Corporate Employees," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (March 6, 1995).
  9. "How Discovery Tricks Turned into Suspension from the Practice of Law," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (April 12, 1995).
  10. "The Relationship Between Professional Courtesy and Ethics," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (May 10, 1995).
  11. "Ethics and Technology," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (June 7, 1995).
  12. "21st National Conference on Professional Responsibility," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (July 5, 1995).
  13. "Special Ethical Concerns of Shared Office Space," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (August 2, 1995).
  14. "Reporting Misconduct," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (August 30, 1995).
  15. "Suing Clients for Fees - Why You Should Avoid the Temptation," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (October 25, 1995).
  16. "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).
  17. "Beware of the Ethical Implications of Information Conveyed by a Potential Client," The Ethical Lawyer (Maine State Bar Association) (December, 1995) (co-authored with James E. Kaplan).
  18. "When Ethical Rules Clash with Statutes - Ex Parte Interviews," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (December 20, 1995).
  19. "Conduct During Litigation - How About a Cause of Action for Malicious Defense?" Maine Lawyers Review (Ames Ledge Publishing, Inc.) (January 17, 1996).
  20. "Guidelines for Professional Conduct in Litigation," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (February 14, 1996).
  21. "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).
  22. "The Deposit and Withdrawal of Retainers," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (May 8, 1996).
  23. "Advocacy and the Lawyer's Duty of Candor," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (June 19, 1996).
  24. "Restatement of the Law Governing Lawyers," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (July 3, 1996).
  25. "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).
  26. "Letters of Protection in Personal Injury Cases," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (September 25, 1996).
  27. "Ex Parte Contacts with Opposing Experts," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (October 23, 1996).
  28. "Simplifying Rule 3.4: A Checklist of Questions for Conflict of Interest Analysis," The Ethical Lawyer (Maine State Bar Association) (November, 1996) (co-authored with James E. Kaplan).
  29. "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).
  30. "Practice Across State Lines," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (November 20, 1996).
  31. "Solicitation of Accident Victims," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (December 10, 1996).
  32. "Depositions of Opposing Counsel," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (January 7, 1997).
  33. "Hybrid Fee Agreements," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (February 7, 1997).
  34. "New Rules Impose Duties On Lawyers With Regard to Fee Arbitration," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (March 31, 1997).
  35. "Billing Ethics," The Ethical Lawyer (Maine State Bar Association) (March, 1997) (co-authored with James E. Kaplan).
  36. "The Lawyer's Ethical Responsibilities Regarding Law Firms, Subordinate Lawyers and Non-Lawyer Assistants," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (May 1, 1997).
  37. "E-Mail and Confidentiality," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (September 15, 1997).
  38. "Secreting Client Files by a Departing Lawyer," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (October 10, 1997).
  39. "Incivility in Litigation," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (December 5, 1997).
  40. "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).
  41. "Double Dipping Under the 'Common Fund' Doctrine," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (March 9, 1998).
  42. "ABA Guidelines for Lawyers Who Serve as Corporate Directors," Maine Lawyers Review (Ames Ledge Publishing, Inc.), (May 4, 1998).
  43. "Issue Conflicts," The Ethical Lawyer (Maine State Bar Association) (co-authored with Gordon H. S. Scott).
  44. "Fixed Fee Agreements and Insurance Defense Counsel," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (June 29, 1998).
  45. "The Hazards of Misrepresentation," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (September 21, 1998).
  46. "Consulting with Other Lawyers," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (November 16, 1998).
  47. "Ethics in Discovery," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (January 11, 1999).
  48. "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).
  49. "E-Mail, The Telephone and the Reasonable Expectation of Privacy?" Maine Lawyers Review (Ames Ledge Publishing, Inc.) (May, 1999).
  50. "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).
  51. "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).
  52. "Contingent Fee Agreements - Who Owes the First Lawyer's Fee?" Maine Lawyers Review (Ames Ledge Publishing, Inc.) (January, 2000).
  53. "Improper Billing Practices Can Lead to Discipline," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (February, 2000).
  54. "Multi-Disciplinary Practice," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (April, 2000).
  55. "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).
  56. "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).
  57. "The Disciplinary Process:  How Does It Work?" Maine Lawyers Review (Ames Ledge Publishing, Inc.) (October, 2000).
  58. "Candor With The Court," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (November, 2000).
  59. "Conduct Involving Dishonesty, Fraud, Deceit Or Misrepresentation," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (December, 2000).
  60. "Unauthorized Practice of Law:  The Insurance Company and the Claimant," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (January, 2001).
  61. "Fee Division:  What Are The Consequences Of Failure To Disclose And Obtain Client Consent?" Maine Lawyers Review (Ames Ledge Publishing, Inc.) (February, 2001).
  62. "Screening and Other Precautionary Measures With Respect to Non-Lawyer Employees,"  Maine Lawyers Review (Ames Ledge Publishing, Inc.) (April, 2001).
  63. "Sharing Office Space and Services by Unaffiliated Lawyers," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (April, 2001).
  64. ""Unbundled' Legal Services:  Maine's New Rule," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (May, 2001).
  65. "The 'Continuous Representation' Doctrine And Other Means Of Avoiding The Statute Of Limitations," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (June, 2001).
  66. "Limited Representation To Avoid Conflicts Between Clients," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (August, 2001).
  67. "Ethics And The Internet:  Use of ListServes," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (October, 2001).
  68. "The Basics of The Legal Malpractice Action," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (November, 2001).
  69. "An Informal Survey Of Bar Counsel," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (December, 2001).
  70. "You Mean There Is No Statute Of Limitations For Bar Prosecutions?" Maine Lawyers Review (Ames Ledge Publishing, Inc.) (January, 2002).
  71. "Beware Having Your Clients Sign Incomplete Documents," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (February, 2002).
  72. "Responsibility for the Acts of Your Private Investigator," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (March, 2002).
  73. "Don't Withdraw Funds When a Dispute is Pending," Maine Lawyers Review (Ames Ledge Publishing, Inc.) (May, 2002).
SEMINAR PRESENTATIONS
  1. Presenter, The Independent Medical Examination, Trial Advocacy:  Neck and Back Injuries, Maine State Bar Association, Portland, Maine, October 1, 1993.
  2. 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.
  3. Presenter, Trial Skills:  How To Jazz It Up, Navigating Your Way Through the Administrative Process, Maine State Bar Association, Augusta, Maine May 19, 1995.
  4. Presenter, Liability of Flight Schools for Injuries to Pilots, Passengers and Others for Negligent Flight Instruction, 1998 SMU Air Law Symposium, Southern Methodist University, Dallas, Texas, February 26, 1998.
  5. Presenter, Professional Responsibility, 1998 Legal Year in Review, Maine State Bar Association, Bangor, Maine, October 30, 1998, Portland, Maine, November 12, 1998.
  6. Moderator, The Most Significant Ethical Issues Facing the Maine Lawyer Today, Maine State Bar Association, Portland, Maine, March 19, 1999.
  7. Presenter, Ethical Concerns, Balancing the Needs of the Solo and Small Firm, Maine State Bar Association, Augusta, Maine, August 13, 1999.
  8. Presenter, Spoliation of Evidence, OFA National Conference, Organization of Flying Adjusters, Portland, Maine, September 23, 1999.
  9. Presenter, Risk Management, Bridging the Gap, Maine State Bar Association, Augusta, Maine, October 27, 1999.
  10. Moderator, Negotiation and Settlement, Maine Trial Lawyers Association, Portland, Maine, October 29, 1999.
  11. Presenter, Professional Responsibility, 1999 Legal Year in Review, Maine State Bar Association, Portland, Maine November 5, 1999, Bangor, Maine, November 19, 1999.
  12. Moderator, Employment Law & Litigation, Maine Trial Lawyers Association, Portland, Maine, April 7, 2000.
  13. Presenter, Ethics of Multiple Representation After Gordon v. Cummings, Injured and Disabled Employees, Maine State Bar Association, Portland, Maine, June 2, 2000.
  14. Presenter, The Grievance Process, Maine Legal Ethics, Lorman Education Services, Portland, Maine September 21, 2000.
  15. Presenter, Ethical Traps for the Unwary, Litigation Skills for the 21st Century, Maine Trial Lawyers Association, Portland, Maine, October 27, 2000.
  16. Presenter, Professional Responsibility, 2000 Legal Year in Review, Maine State Bar Association, Augusta, Maine, November 17, 2000.
  17. Program Chairperson, The Art of Opening & Closing Statements, Observing the Masters at Work, Maine State Bar Association, Portland, Maine, February 2, 2001.
  18. Presenter, Ethical Considerations, Legal Issues Surrounding E-Commerce, Maine State Bar Association, Portland, Maine, September 21, 2001.
  19. Presenter, Legal Ethics:  Common Sense, Communications and Confidentiality, Technology Basics & Beyond, Maine State Bar Association, Portland, Maine, November 30, 2001.