Jens-Peter W. Bergen, Esq.
Attorney and Counselor at Law
 
 
Areas of Concentration
I am a sole practitioner of law, focused on providing litigation and trial services to both business and individual clients throughout southern Maine. I am committed to providing the highest quality representation through diligent response to clients' needs, while bearing in mind the economic realities of each case. When necessary, I am prepared to take the defense or prosecution of your case to trial.

 

* Personal Injury - Representing Plaintiffs
Objectives: Obtain fair and reasonable recovery promptly so as to minimize the adverse impact of the injury on the client's already disrupted lifestyle.
* Real Estate Litigation
Objectives: Development of win/win negotiated resolution coupled with diligent trial preparation if negotiated settlement is not achievable.
* Contract Disputes
Objectives: Speedy and favorable enforcement of contract provisions at minimum expense.
* Creditor Rights - Bankruptcy - Foreclosures
Objectives: Maximize creditors' recovery of distressed real estate and unsecured loans, while minimizing time to recovery and costs.
* Family Law Matters
Objectives: Fair sharing of marital estate and/or parental rights and responsibilities through principled negotiation.
* General Civil Litigation (Trials in all Maine courts)
Objectives: Vigorous claim prosecution or defense marked by diligent factual development, legal research and witness preparation.
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* Personal Injury - Representing Plaintiffs

Approximately one - third of my practice involves my representing people injured as a result of the wrongful conduct of others. I handle both catastrophic injury claims and modest injury claims. I negotiate, and where necessary litigate through trial, claims involving a wide range of personal injury matters including automobile, slip and fall and dignitory torts. My representation of personal injury plaintiffs typically involves investigation and marshaling of supporting claim documentation, negotiating with insurance company claims adjusters, obtaining payment for ongoing medical and other expenses prior to the initiation of suit, and intensive trial preparation. Personal injury cases are handled on a contingent fee basis. I will personalize the client to the adjuster, or, at trial, to the fact-finder, assuring an appreciation for the impact of the injury on the client's lifestyle.
 

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* Real Estate Litigation

More than any other area of litigation, I enjoy resolving, first by negotiation, and when necessary, by trial, boundary, right of way, landlord/tenant other land disputes. A firm foundation in substantive real property law and inherent grasp of spatial relationships and geometric principles assist me efficiently in serving your best interest in this type of litigative problem.
 

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* Bankruptcy - Creditor Rights - Foreclosures

I provide timely and efficient representation of lenders to ensure maximum return from distressed real estate and other secured and unsecured loans. I practice before both the United States Bankruptcy Courts for Maine and New Hampshire, as well as state courts throughout Maine.

My work in the field of creditors' rights has helped me develop solid working relationships with some among the professionals that are an essential part of the foreclosure/workout process, including top area real estate brokers, appraisers and auctioneers. Obtaining a judgment is often only half the battle; I am prepared to continue the process of post-judgment collection or deficiency enforcement associated with soured loans.
 

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* Contract Disputes

Often, the foundation of a solid and favorable business relationship is a carefully crafted contract which minimizes the incidence of disputes, and, should a dispute arise, provides clear and enforceable remedies for the aggrieved contracting party. Whether at the inception of the business relationship and written contract when an understanding and attention to detail of your firm's business needs is paramount, or when circumstances require your firm's contractual rights and interests be vigorously protected, I will bring sound reasonable advice to your table, and if need be, zealous advocacy for your individual or firm's contractual interests in court.
 

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* Family Law Matters

No area of the law tends to be more contentious than divorce and custody matters. Apart from advising the client on the substantive law in which the clients rights are grounded, I regard as crucial my task of assisting the client in dealing with unreasonable behavior from the opposing party.

I counsel my client to steer her or him away from retaliatory response that only increases emotional rancor between opposing spouses or parents in the emotionally charged atmosphere of family disputes. It is in these cases that my customary accessibility to my client is particularly effective.
 

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* General Civil Litigation (Trials in all Maine courts)

I provide diligent, responsive and cost-effective representation to both plaintiffs and defendants involved in all manner of civil disputes, including, among other areas, boundary and other real estate litigation. Whether the clients need for effective representation in litigative matter is episodic or continuing, the matter is zealously handled through and including the trial of the matter, if necessary. Winning the lawsuit is only half of the battle, and often leads to further proceedings to enforce the judgment. My experience in the area of foreclosure and collection lends itself well to seeking and obtaining a resolution of disputes that typically arise in the course of collecting on a judgment that has already been won.

I have successfully taken to trial and successfully defended or prosecuted appeals of a wide array of litigative matters, as a review of my reported cases reveals (see Reported Cases) including contract, tort, insurance, foreclosure, criminal and matrimonial.
 

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My reputation has been earned both as a result of my developing a successful collaborative association with each client, taking principled, supportable positions in settlement negotiations, and preparing for and obtaining successful results in court. I make every effort to accomplish my clients' goals at a reasonable cost. I make myself accessible to all my clients; you will deal with me directly on your legal issue. One other important thing: I will return your phone calls - promptly.
 
jwbergen@mainelawyer.net
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79 Portland Road
Kennebunk, Maine 04043

Tel: (207)985-6789
Fax: (207)985-6163

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