Stephen Michael Sweatt, Esq.

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Disposition: Award to Petitioner

Issued by: Fee Arbitration Commission

Docket #: FAC @21-246

Dated: March 21, 2022

Bar Number: 006270


AWARD AND DETERMINATION

On March 18, 2022, the Board of Overseers' Fee Arbitration Commission conducted a hearing in the above-captioned matter. The dispute concerned fee issues detailed within Petitioner, Kinley M. A. MacDonald's fee Petition. The members of the Commission were Zachary I. Greenfield, Esq.; Roberta E. Winchell, Esq.; and public member Nancy Y. Harrison. The hearing occurred via Zoom. The Petitioner was present and testified. The Respondent was also present and testified through his counsel, Timothy E. Zerillo, Esq. Based upon the evidence admitted, the Commission finds as follows:

Assessing the findings in conjunction with the factors set forth in Rule l.5 of the Rules of Professional Conduct, the Panel awards Respondent $846.00 for reasonable legal fees, and directs Respondent to return to Petitioner the remaining sum of $3,154.00 of her $4,000.00 retainer.

Pursuant to Maine Bar Rule 7(h), in order to preserve the confidentiality of the written materials and the testimony admitted at the hearing, the Commission has not enumerated its findings of fact and conclusions within this Award and Determination. The Award and Determination is accompanied, however, by a separate supplemental document which sets forth the findings of facts and conclusions of the Commission. By ruling of the Chair, the attached supplemental document shall not be considered part of the award, which is a public document. In accordance with Maine Bar Rule 7(h), the supplemental document shall be confidential and shall not be open to the public or disclosed to any person except as otherwise set forth in Maine Bar Rule 7(h).

This Award and Determination is in full settlement of all claims submitted to the Fee Arbitration Commission.

The undersigned have subscribed to this award on March 21, 2022.


Zachary I. Greenfield, Esq., Panel Chair
Roberta E. Winchell, Esq., Panel Member
Nancy Y. Harrison, Public Member
Fee Arbitration Commission, Panel 4