Denise A. Lewis v. Anthony P. Shusta II, Esq.

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Disposition: Award to Respondent

Issued by: Fee Arbitration Commission

Docket #: FAC# 18-260

Dated: January 3, 2019

Bar Number: 003424

A hearing in this matter was held on December 4, 2018, in Bangor, Maine, before a duly authorized Fee Arbitration Panel of the Fee Arbitration Commission of the Board of Overseers of the Bar. This Panel was designated to hear the controversy existing between the parties as set forth in the Petitioner's Petition. The members of this Panel were Acting Chair Michael R. Poulin, Esq., Kenda Scheele, Esq., and public member Timothy Smith, CPA. The Petitioner, having been duly notified of the date, time, and place of the hearing pursuant to M. Bar R. 7(d)(8)(B), failed to appear. The Respondent appeared pro se and testified. The Panel proceeded with the hearing in the Petitioner's absence pursuant to M. Bar R. 7(e)(8). Based upon the prior submitted documentary evidence and the testimonial evidence introduced at the hearing, the Panel finds as follows:

Measuring the findings with the factors set forth in Rules 1.5 of the Rules of Professional Conduct, the Panel finds that the fees charged by the Respondent were reasonable and that Petitioner is not entitled to any refund.

In order to preserve the confidentiality of the documentary and testimonial evidence, the findings of fact and conclusions are not set forth in the Award and Determination. This Award and Determination is accompanied, however, by a Confidential Addendum that sets forth the findings of facts and conclusions of the Panel. By ruling of the Chair, the Confidential Addendum shall not be considered part of the award, which is a public document. In accordance with Maine Bar Rule 7(h), the Confidential Addendum 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).

The Award and Determination is in full settlement of all claims submitted to the Arbitration Panel.

The undersigned has subscribed to this award on January 3, 2019.

Michael R. Poulin, Esq.
Acting Chair, Panel 4
Fee Arbitration Commission