Mount Desert lawyer sues former client for slander

ELLSWORTH – A Mount Desert lawyer who claims his reputation is being harmed is suing a former client for allegedly making knowingly false statements about him.

Roger Innes claims the statements made by Bryan C. “Michael” Briggs of Blue Hill “lower [Innes] in the estimation of the community and [have a tendency] to deter third persons from associating or dealing with him,” according to court documents.

Among the statements Briggs allegedly made are:

. Innes had a conflict of interest when he represented Briggs between December 1999 and October 2001;

. Innes was negligent in his representation of Briggs;

. Innes “constantly confused” Briggs’ case with other cases he was handling.

Innes, representing himself, argues in court documents that the statements are “intentional falsehoods” and that he will seek punitive damages of “at least $50,000.”

In documents filed by Briggs’ attorney, Stephen Smith of Bangor, Briggs argues that Innes had a conflict of interest when he separately represented Briggs and another man, Harold Boynton Sr. of Ellsworth, as each was seeking to recover money from Ellsworth resident Dean W. Smith.

According to Stephen Smith, a March 22, 2001, letter in which Innes informs Dean Smith’s attorney that he is representing Boynton, allegedly proves Innes was simultaneously representing the competing interests of Boynton and Briggs. The Bangor lawyer claims Innes has said the letter was sent “in error” and acknowledged it would have been a conflict of interest for him to represent Boynton and Briggs simultaneously.

Attempts this past week to contact Innes have been unsuccessful. An answering message at his office indicated he would be out of the office from Dec. 24 until today.

Stephen Smith said Friday that Briggs was trying to recover roughly $10,000 from Dean Smith.

“He had to settle for less than full value and was upset about that,” Smith said of his client.

Boynton’s claims against Dean Smith were resolved in August 2002 when Justice Jeffrey Hjelm, presiding in Hancock County Superior Court, ordered Smith to repay $60,000 in loans and interest that he had borrowed from Boynton, according to court documents.

Stephen Smith said any comments Briggs may have made about Innes do not constitute defamation if the comments are true and represent Briggs’ opinion.

“We suggest it is both of these things,” Smith said.

Smith said his client had filed a counterclaim of malicious prosecution against Innes, but that the counterclaim was withdrawn because it was determined to be inappropriate.

Smith confirmed Briggs has filed a complaint about Innes with the Maine Board of Overseers of the Bar but declined further comment about that complaint.

According to court documents, Smith asked the agency for a copy of Innes’ response to Briggs’ complaint but his request was denied.

A jury trial in the civil defamation case is expected to get under way today in Hancock County Superior Court.